TD 

ZZ5 

Vs/ 

mo 























REPORT 


OF THE 






ON THE SUBJECT OF OBTAINING 


WATER POWER 


FROM 


THE RIVER SCHUYLKILL. 



PHILADELPHIA: 

PRINTED BY LYDIA R. BAILEY, 
NO. 10, NORTH STREET. 

1820. 







REPORT 


OP 

THE WATERING COMMITTEE. 


IN the year 1799, Councils, sensible of the importance of 
a supply of pure Water to the City, appointed a Committee, 
to ascertain whether it could be introduced by means of Wa¬ 
ter Power, and whether such power was to be found within 
a reasonable distance of the City, and to report upon the 
subject. Mr. Latrobe was employed by the Committee, and, 
after considerable pains, it was believed that no WaterPower 
could be had adequate to the purpose; and Councils finally 
decided upon constructing* two Steam Engines, the one on 
Chesnut street, and the other in Centre Square, and by their 
means to supply the City with Water from the Schuylkill. 

In the course of a few years, these Works were found to 
be insufficient, and very expensive, which induced Councils 
once more to look for a more frugal means of supply; and 
accordingly, on the 24th October, 1811, the Watering Com¬ 
mittee were directed to cause examinations into the subject; 
and, upon this occasion, Mr. John Davis, in conjunction 
with Mr. Frederick Graff, were instructed to report the best 
plan of Watering tbe City. These gentlemen, in their 
Report, speak of the practicability of getting Water Power 
from the Wissahickon ; but the estimate was so large, 
(359,718 dollars) that this was put aside, and the present 
plan of two Steam Engines at Fair Mount adopted. 

The constant and great expense attending Steam Engines, 
and the vexation occasioned by repeated accidents, have 
always been present to the Watering Committee, who have 
ever thought Water Power should be resorted to, if practi¬ 
cable. 


4 


The present Committee have been fully alive to the impor¬ 
tance of the subject ; and their desire of accomplishing it 
more and more excited, by the success of the improvement 
of the Schuylkill by Dams and Locks, which suggested the 
practicability of erecting a Dam and Water Works near 
Fair Mount. Upon this subject, the Committee determined 
to consult Mr. Ariel Cooley, who accordingly sounded and 
examined the river, and gave his decided opinion that no 
difficulty at all prevented the construction of a perfectly safe 
Dam, and that he would willingly contract to do the work ; 
but his price was not named, as he was then on the point of 
departure, but he promised, on his return from Connecticut, 
to inform the Committee. 

From all that could however be gathered, and from other 
sources of information, added to a personal inspection of the 
River, from Flat Rock to Fair Mount, the Committee are 
led to think the work can be fully completed for 60,000 dol¬ 
lars, and that an additional sum of 40,000 dollars will be 
adequate to the erection of Houses, Mill Machinery, and 
ascending Mains ; making the whole cost, including the pur¬ 
chase from White and Gillingham, as mentioned below, 
250,000 dollars. 

Difficulties however presented themselves, from the right 
to the Water at the Falls having been granted by the Legis¬ 
lature, to a certain extent, to Robert Kennedy, who after¬ 
wards sold his right to Josiah White, who obtained from the 
Schuylkill Navigation Company the full grant of the Water 
at the Falls, which had been granted to the Company by a 
subsequent Act of the Legislature. The same Act also stood 
in the way of any improvement at Fair Mount, without con¬ 
sent could be obtained from the Company. 

Not discouraged by these difficulties, the Committee deter¬ 
mined, if possible, to remove them ; for which purpose, they 
ascertained, in the first place, that Mr. White and his part¬ 
ner Mr. Gillingham would sell their right. They then ap¬ 
plied to the Navigation Company, who entered into an en¬ 
gagement to permit a Dam to be placed at or near Fair 
Mount, and to give all the aid of their rights under the Act 

of Assembly. 

•> 


5 


This point being settled, the Committee proceeded to ne¬ 
gotiate with Messrs. White and Gillingham, and finally en¬ 
tered into a provisional agreement with them, for the pur¬ 
chase of all their Water Power at the Falls, for the sum of 
150,000 dollars, with a condition that the City should make 
use of such part of the Locks, Gates, &c. at that place, as it 
may require. 

The price is deemed, under all circumstances, to be rea¬ 
sonable, and the Water Power obtained surpassed by no 
River within thirty miles. Various calculations have been 
formed ; but, at the lowest estimate, it is believed the power 
is equal to raise nine or ten millions of gallons, at the driest 
season of the year, in twenty-four hours, to the Reservoir on 
Fair Mount. 

Messrs. Nixon and Biddle, and the other owners of the 
Ground adjoining to the north of Fair Mount, have agreed 
to let the Abutment of the Dam be affixed on their property, 
without any claim for remuneration; thereby affording the 
City the full use of the whole of the Water Front of the late 
purchase, for the erection of Houses for Machinery, Ac. 

In presenting this subject to the Councils, the Committee 
cannot but feel gratified that they have it now in their power 
to say, that the object so long desired may be accomplished, 
and at an expense less than upon any occasion heretofore 
counted upon. 

The adequacy of the supply of Water to the City, and the 
ability it affords of supplying the Districts, and thereby add¬ 
ing materially to the income of the City, will, in the opinion 
of the Committee, of themselves justify the expenditure of 
the money proposed, even if a real saving was not to be 
made, the effects of which will be very soon felt by our fellow 
citizens. 

It will appear by the Report of Mr. Graff, herewith sub¬ 
mitted, that all the supply that can be expected from the 
present Steam Engines, will not much exceed two millions 
of gallons, on the average, in twenty-four hours; all of 
which, experience has shown, will be required for the City 
alone, at the cost of upwards of 30,000 dollars per annum, 
and without the surplus of a gallon for the Districts. 


6 


The Committee beg leave to call the attention of Councils 
to the following calculation, intended to show, that if Water 
Power can be obtained, at almost any cost, it will, in the 
end, be much cheaper than by the present mode. 

The annual expenditure, for working one Steam Engine, 
appears, by the statement of Mr. Graff, above referred to, 
to be, per annum, $ 30,858 

The cost of WaterPower, as before stated, 
is 250,000 dollars, the interest of which is $ 15,000 
The expense of Labour, Oil, Wear and 
Tear, &c. is estimated at 3,000 


Amounting to 18,000 
From which is to be deducted such sum as 
may be received from the Northern Liberties, 

Spring Garden, and Southwark, who have 
evinced a strong desire for a supply of water ; 
the amount to be received for which, will be 
equal, it is supposed, to that paid by the City; 
but it is only at present taken at - 10,000 

leaving - - 8,000 

which being deducted from the sum required 

for the annual working of the Steam Engines,- 

leaves - - $22,858 

which is the clear annual gain to the City; 
and which, if applied as a Sinking Fund, 
will, in about eight years, redeem the whole 
cost of the Water Power, and relieve the City 
from any further-annual appropriation of the 


sum of - - - 30,858 

and add to its revenue the Water Rents of 

the Districts, which, at the end of eight years, 

may be fairly taken at. 20,000 


Making the whole sum 50,858 
from which deducting the annual expense of 
the Water Power,.3,000 


leaves a clear annual saving of $47,858 








7 


But as it will probably be tbe object of Councils to give 
immediate relief to their fellow citizens, by lessening at once 
the annual tax for tbe support of the Steam Power, it can be 
done by appropriating a smaller sum to the Sinking Fund 
than the 22,858 dollars which is before assumed, say 12,000 
dollars, which will make an annual difference of 10,858 dol¬ 
lars, and accomplish the redemption in a reasonable period, 
say fourteen years. 

The Committee have prepared a Bill on this subject, 
which they beg leave to offer for consideration of Councils. 

By order of the Watering Committee, 

JOSEPH S. LEWIS, Chairman. 

February 5th , 1819. 


JOSEPH S. LEWIS, Esq. 

Chairman of the Watering Committee. 

Sir,. 

In compliance with your request to estimate the expense of 
working the Engine of Oliver Evans for one year, supposing 
it to be employed during the whole twenty-four hours, in¬ 
cluding fuel, wages, tallow, &c. and reasonable allowances 
for wear and tear, with an estimate how much water it would 
raise in twenty-four hours with safety, also the same infor¬ 
mation respecting the south Engine, I beg leave to submit 
the following estimate, without taking into view accidents, 
which all Engines heavily loaded are subject to, or the re¬ 
newal of the Boilers, which cannot be calculated to last more 
than twelve or fourteen years. 




8 


Estimate of Expense in working Oliver Evans 9 Engine 

for one year . 

Six men to work and keep the Engine in repair, 

at $ 9 75, - - - - - 3,558 75 

For tallow, oil, chandlery, &c. - 1,250 00 

3,650 cords of wood, cordage and hauling, at $ 7, 24,550 00 
Wear and tear of machinery, - 1,500 00 

$ 30,858 75 


This Engine has raised upwards of 3,000,000 gallons of 
water per twenty-four hours; but the speed necessary for 
raising that quantity of water, is considered unsafe to the 
machinery. The estimate for the fuel is founded on the 
Engine raising 2,300,000 gallons, which is as much as can 
he calculated on for regular and safe work. 

The imperfect state of the Boiler of the south Engine, has 
prevented a fair estimate being made of its performance. 
The water raised has never exceeded 1,787,000 gallons per 
twenty-four hours. It is calculated, that after the necessary 
repairs and alterations are made, it will be capable of rais¬ 
ing 2,300,000 gallons, at an expense about equal to the 
Engine of Oliver Evans in raising the same quantity of 
water. 

It is my opinion, that 2,300,000 gallons of water is as 
much as can be raised, on an average, in each twenty-four 
hours, unless an additional raising Main is carried to the 
Reservoir, and both Engines kept in operation at the same 
time ; in that case, the annual expense in working the En¬ 
gines would he nearly doubled. 

With great respect. 

Your humble Servant, 

FREDERICK GRAFF, 
Superintendent of the Water Works. 


February 4th , 1819. 




9 


\ , » 

THE Watering Committee having received from 

Messrs. Briggs and Lehman, and from Mr. Oakes, a further 
communication, herewith present them, for the information 
of Councils; and also a plan of the dam, &c. made by the 
first named gentlemen. By order, 

JOSEPH S. LEWIS. 

March 13, 1819. C. W. C. 


White's Town , March 11th, 1819. 

Sir, 

We, the Subcribers, will undertake to build a dam on the 
Schuylkill, at Fair Mount Water Works, in the following 
manner, and for a sum of money hereinafter mentioned, viz.— 

We will build a good and substantial dam of stone and 
timber, as represented on the plan given in by us, together 
with locks, guard-walls, arches, abutments, head-gates, with 
cast-iron frames, and dig two hundred feet of the race in 
length, sixty feet wide in the bottom, and deep enough to 
draw off four feet of water below the top of the dam ; we will 
do the work in a good workmanlike manner, for one hundred 
and ten thousand dollars; and, if required, we can give 
good security for the performance of the work. 

With sentiments of respect, 

WILLIAM LEHMAN, 
WILLIAM BRIGGS. 

Honoured Sir, 

From further reflection, I believe it would be more to the 
interest of the Corporation to put the locks on the east side 
of the river, making the head race (that leads the water to 
the wheels) the canal, and continue it down by the east side 
of the present engine house, emptying into the river by two 
locks, at the lower end of the land belonging to the Corpo¬ 
ration. This would afford a spacious basin for boats, and on 
the east bank an eligible site for ware-houses, with a saving 
in the total expense of probably six or seven thousand dollars. 

THOMAS OAKES. 


March 13, 1819. 


2 




ADDITIONAL REPORT 


ON 

WATER POWER, 

BY 

THE WATERING COMMITTEE, 

With communications on the subject from Messrs . 
Jiriel Cooley , Lewis Weimwag , Thomas Oakes , 
William Briggs , and William Lehman . And 
. other Documents . 


THE Watering Committee, on the 5th utt. made a report 
to Councils, intended to draw their attention to the subject 
of obtaining Water Power from the Schuylkill, and stated 
their impression at that time of the probable cost of the 
work. The committee, however, determined not to call up 
the subject for decision, until further inquiry should enable 
them to determine with some degree of certainty, as to the 
practicability of the measure, and the cost of its execution. 
In their former report, the committee stated, they had con¬ 
sulted with Mr. Cooley, who had promised, on his return 
from New England, to furnish such further information as 
was in his power. Accordingly, on his return, the commit¬ 
tee engaged Mr. Cooley to make a more accurate survey of 
the river, which he proceeded to accomplish, and finally gave 
his decided opinion as to the practicability of the measure. 
Messrs. Briggs and Lehman, the former a mason, who con- 


11 


structed the locks at Flat Rock, and the latter an ingenious 
mechanic, also were desired to make an examination 5 after 
which, they also approved of the measure, and have offered 
to contract for its execution. 

1 

Mr. Lewis Wernwag, well known for his judgment and 
skill, has also stated his belief of the practicability of a dam, 
and his willingness to undertake the construction of it. 

The committee, in their inquiries for persons properly 
skilled in works of the kind, were recommended to apply to 
Mr. Oakes, of Bloomfield, New Jersey, for whom they ac¬ 
cordingly sent, and requested him to examine the subject, 
and to furnish his ideas. His approbation of the measure 
will be found in the accompanying communication, which 
also goes into other details, very interesting, and confirms 
the calculation heretofore offered by the committee, as to the 
quantity of water that can be raised to Fair Mount. 

The several communications received from the above 
named gentlemen, are submitted herewith ; as also the pro¬ 
visional engagements entered into by the committee, to which 
they beg leave to refer, as part of this report. 

It will be found, that the cost of erecting a dam will ex¬ 
ceed that before estimated, in consequence of a more exten¬ 
sive one being required, than was before supposed. When 
Mr. Cooley made his former examinations, it was supposed 
the bottom of rock extended across the whole river ; but on 
a more careful survey, it is conjectured to he a bottom of 
mud, for two hundred and forty feet west of the engine house, 
and the remainder of rock, as is more fully detailed by Mr. 
Oakes, whose estimate for completing the work is also the 
largest. 

Mr. Wernwag, however, who is well acquainted with the 
river, having built the bridge near Fair Mount, asserts that 
the bottom is of rock, and covered to some depth with mud, 
which can readily he removed. 

The committee have found Mr. Oakes a gentleman of in¬ 
formation, knowledge, and caution, and are satisfied from 
his character, that the estimate he furnishes, is calculated to 
exceed the cost of the work, rather than to fall short of it. 


12 


Mr. Cooley lias estimated, in his last communication, that 
the cost would be, for the dam, locks, race, &c. without the 


mills and machinery, about - 100,000 

Messrs. Briggs and Lehman have offered to do 

the same for ----- 96,000 

Mr. Wernwag estimates it at - - 147,960 

Mr. Oakes estimates it at - - - - 150,000 


Making in all, 493,960 


The average of which four estimates is - 123,490 

To which add the mills, &c. - 40,000 

The cost of Water Power - 150,000 


Whole cost. Dollars, 313,490 
The committee have not taken into calculation the cost of 
overflowing about forty acres of ground, which might be put 
down at 3000 dollars, nor taken credit for the materials at 
the Falls, which are worth double tbe money. 

The calculation before offered will be found correct, with 
the difference of the interest on the extra cost of the water, 
say 63,490 dollars, at six per cent, per annum, is 3,809 
From which should be deducted an allowance 

for working the mills, before stated at 3,000 
By estimate of Mr. Oakes, is only - 2,100 900 


Making a difference of Dollars, 2,909 

So that the clear annual gain to the City, instead of 
22,858 dollars, would still be 19,949 dollars. 

The committee are sensible that tbe cost of the contem¬ 
plated work is large ; but when it is considered, that a safe 
and an economical means of obtaining 10 , 000,000 of gallons 
of water can be had, in lieu of a costly and precarious sup¬ 
ply of but little more than 2 , 000 , 000 , and at the cost of not 
much more than one half, without calculating on the sale of 
a gallon to our neighbours in the districts ; it is conceived, 
that councils should not reject a plan so long sought for ; 
hitherto unattainable ; and if now suffered to escape from 
our grasp, never to be reclaimed. The committee believe 








13 


that their fellow citizens view with anxiety the accomplish¬ 
ment of a measure so important to the health of this great 
City, already combining so many advantages; and which, 
if this plan he carried into effect, will, at so small an ex¬ 
pense, be better watered, by artificial means, than any other 
in the world. 

The committee forbear to display the advantages which 
would be derived, in extreme hot weather, from a constant 
flow of water in our streets, and the playing of fountains in 
our public walks, creating an elasticity in the air so neces¬ 
sary to health ; but they cannot forbear alluding to the ad¬ 
vantages which would be derived from the surplus water of 
the river being used to feed canals, connecting, in various 
parts, the Schuylkill with the Delaware, and many other 
important uses to which it could be applied in the heart of 
the City. 

Though it is believed by the committee, that the work can 
be completed for about 320,000 dollars, yet, willing to place 
the subject in the most unfavourable point of view, they as¬ 
sume as the cost, the whole sum stated by Mr. Oakes, 

Dollars, 196,000 

Add cost of Water Power, - . - 150,000 


Which amounts to 346,000 


The interest of which is - - - 20,760 

And the expense of working mills, - - 2,100 

i- 

Making, 22,860 

From which deducting the sum assumed before, 

to be received from the Liberties, - 10,000 


Leaves, 12,860 

Which being deducted from 30,858 dollars, the cost of only 
one steam engine, will leave a gain of 17,998 dollars per an¬ 
num, as soon as the work is completed, which it is believed 
can be done in one year from August next, if the work is 
now commenced ; and, if it is to be executed at all, no time 
is to be lost. 






14 


The sum of 17,998 dollars, applied as a sinking fund, will 
redeem the cost of the Water Power, in about twelve years; 
after which the income to the City will be as stated by the 
committee in their last report; to which may be added the 
tolls receivable from canals, or such other objects as the sur¬ 
plus water may be applied to. 

Mr. Cooley, Mr. Wernwag, and Messrs. Briggs and Leh¬ 
man, have offered, in case of making a contract, to give full 
security for the construction and safety of the work. 

The committee, on further consideration, beg leave to of¬ 
fer a Bill, in lieu of the one before proposed, which is here¬ 
with presented. They also present a plan of the works, pre¬ 
pared by Mr. Oakes, and also another prepared by Mr. 
Wernwag. 

By Order of the Committee, 

JOSEPH. S. LEWIS, Chairman. 

March 8 th, 1819. 


* 


COMMUNICATIONS, &c. 


Messrs. Joseph S. Lewis, and others concerned. 

Gentlemen, 

HAYING been requested to make an estimate, or, in other 
words, to say for what I would erect a dam, locks, and other 
necessary works, at Fair Mount, so as to raise the waters of 
the Schuylkill to a level of the surface of the water in Josiah 
White’s dam, when at its proper height: having considered 
and reflected upon the subject, beg leave to report the follow¬ 
ing, viz.— 

I have no doubt on my mind respecting the practicability 
of the same ; but when I consider the vast length of the in¬ 
tended dam, together with the depth of the water, and the 
softness of the bottom in the deepest part, added to the double 
difficulty on account of the tide, I am in duty bound and in 
truth must say, that this vast work cannot be effected and 
completed in manner and form as it ought to be, so as to 
render the whole work perfectly safe and secure, and so as 
to fully answer all the purposes intended, short of a heap of 
cash. I think that you can find a man that will be willing 
to undertake said work, and find surety for its accomplish¬ 
ment and safety, for one hundred and fifty thousand dollars: 
and after the subject is fully detailed, perhaps a less sum may 
answer. If you, gentlemen, shall think this partial report 
worth consideration, and will shortly wait upon me by Com¬ 
mittee, or otherwise, I will let you know who that man is ; 
and will be happy to confer with you further upon the subject. 

I am, with due regard and esteem, 

Yours, &c. 

ARIEL COOLEY. 


[Received February 23d, 1819.] 




16 


Philadelphia , February 24, 1819. 
Messrs. Joseph S. Lewis, and others concerned. 

Gentlemen, 

I FIND it impossible for me at present to make a judi¬ 
cious estimate of the expense which may occur, in the erec¬ 
tion of a dam and other works in contemplation, at Fair 
Mount. 

I do not think that it would be prudent to calculate, taking 
the whole collectively, which has been talked of, to expect to 
erect at an expense less than one hundred thousand dollars ; 
it may cost more, and it may cost less. In order to he able 
to make a just estimate of the whole, it will be necessary, in 
the first place, to have an accurate survey and admeasure¬ 
ment, of both the length of said dam, the height that it is to 
he raised, and the space that there is between the top line, 
and the rock bottom below, as also of the soft bottom ; all 
of this taken at the different points :—also the place should 
be selected for the locks, so as to have ascertained the length 
and the depth of the tail-race, and what the matter is, whether 
rock or earth ; as also of the head-race, the depth and width 
should be ascertained ; and it should be known how much 
rock and how much other matter. After the above is known, * 
it will not be so difficult to make an estimate of the probable 
expense. There is but one thing respecting the whole busi¬ 
ness on which remains no doubt; that is this,—the practica¬ 
bility of the work, on which to me there remains no doubt. 

I am, gentlemen, your humble servant, 

ARIEL COOLEY. 


Extract of a letter from Lewis Wernwag , dated March 4,1819. 

To Joseph S. Lewis. 

I RECEIVED your favour of 27th ult. As for the prac¬ 
ticability of making a dam at the present Water Works, I 
never had a doubt ; and I can bring Sheridan and several 
other gentlemen who will say, that I remarked when building 
the upper ferry bridge, that if they would give me the money 


17 


that was spent in engines and house, I would build a dam at 
that place, that would afford an opportunity of selling water 
power that would amount to more than the expense of the 
work. I often viewed the situation, and observed what an 
advantageous improvement it would be to the City. I can¬ 
didly tell you I feel desirous to have the building of that 
dam, in order to put my plan into execution ; and if you feel 
desirous, I will make a draught and model, and send or bring 
it to town ; and when you see it, I have no doubt but you will 
be convinced that the project is within the bounds of practi¬ 
cability, and can be made to withstand any thing. I am well 
acquainted with the situation. I wanted to build the bridge 
where the dam is intended, as the rock at that place runs all 
the way across the river. 

With sincere respect I remain 
Your friend, 

LEWIS WERNWAG. 

Joseph S. Lewis. 

March 10, 1819. 

Upon further consideration, I estimate the cost of the dam, 
guard lock, guard walls, chamber locks, gates, and race, at 
147,960 dollars ; to be done according to a plan which I 
herewith furnish. 

LEWIS WERNWAG. 


Communication of Thomas Oakes . 

To the Watering Committee of the Corporation of the City 

of Philadelphia. 

Gentlemen, 

I HAVE considered carefully the subject to which you 
have required my attention, in all its various parts, in order 
to give you the best ideas I can form, for accomplishing the 
object, and those of the most direct practical execution. 

The mode of raising water for a supply of the City, by 
using the water power of the river Schuylkill by a water 
fall at Fair Mount, appears to me to be the most effectual 
and desirable of any within the reach of the City. 


18 


It is however accompanied by difficulties, owing to the pe¬ 
culiar situation of the river at this place; and the difficulties 
to be overcome appear to me to form the only objection to it. 

As, however, no natural water fall exists, it is to he con¬ 
sidered whether it is possible to create an artificial one: 
whether it can be relied on as to its construction and per¬ 
manency, and if it will produce the effect. 

The situation pointed out for the dam, although the best 
which can be obtained, I consider by no means propitious, 
but not of insurmountable difficulty. All the objects to be 
accomplished are by art, and the labour in perfecting them 
will arise from the following circumstances. 

First, I treat of the local situation of the place. The 
river at the location of the proposed dam is about 1,000 feet 
wide. The depth of mud and water, about 240 feet from the 
eastern shore, (at low water) 30 feet; and at this depth it is 
uncertain in places ; from that point, for 420 feet it is rock, 
with from 26 to 14 feet water, from which to the western 
shore it is rock alone at low water. A tide of 6 feet deep 
flows over the whole in and out twice in 24 hours. 

I consider some inconvenience to result from too limited a 
plot for the use of the water at the site for the mills, between 
the abutment of the dam and the present engine house. 
These I believe are the chief difficulties to be overcome, and 
in conformity to your wishes I have considered and adopted 
the following plan for effecting the object in view. 

The construction of the lower part or artificial foundation 
to be first attended to, and erected over the deepest part of 
the river. 

This I consider may be done over the first section of 240 
feet in two ways; either by filling up the bed of the river 
with small stones carried out from the hill, and thereon 
erecting a dock above the water; or, which I should much 
prefer, to drive two tier of piles, about 12 feet apart and 3 
feet asunder in the tier; over these piles, cases of plank will 
be slided down, so as to form a kind of open case or chest 
across the river, to regulate and secure the sides and founda¬ 
tion ; which chest I propose to fill with small broken stones, 
gravel, Ac, to form what is called shingle grouting. 


19 


The middle section of 420 feet over the rock under water, 
I would form of hollow blocks, cased on the outside with 
plank of the same width as the other, with timbers perpen¬ 
dicular, the bottoms whereof, when sunk, to rest on the rock. 
These blocks to be filled and sunk with shingle grouting, 
and interlock each other when sunk. 

A sketch of my ideas, handed with this, is the form of the 
dam, which is circular, or arched up stream, which I have 
adopted for its superior strength, and being better suited to 
the bed of the river. 

The depth of water, added to the extraordinary length of 
the dam, requires much attention to have all the water that 
possibly can be stopped from running through. This can 
be best effected with the execution of the cases and grouting; 
and, if tolerably well stopped at that point, the mud and 
sand, brought down in the river and put in, will insinuate 
itself among the stones above, and make a solid mass. 

Above these blocks and cases, I would put in small stones 
mixed with larger ones, for a considerable distance up 
stream ; in the deepest part, 100 feet, and filled up two feet 
above low water, to make a top of 85 feet wide, on which to 
erect the upper part of the dam. 

Below, I would promiscuously throw in large stones, so as 
to form a gradual slope. Thus, a bank of stone and gravel 
compacted, laid across the river, having in its middle part 
a column of grouting and two rows of plank, in a measure 
to render it tight, and form a foundation on which the upper 
part is built, and to which it may be firmly connected. 

This I consider the first step, and also the most difficult; 
and that it may be the labour of the ensuing season, and 
left in that situation for the tides to flow over until the next, 
which will considerably solidate it, and render it more tight. 
The next operation which may be attended to, will be the 
execution of the piers and locks on the west side, with the 
piers and guard gates on the east, which may probably be 
executed before winter. 

The upper part of the dam, I propose to build of logs and 
plank, well filled in with stone, in the usual form of a crib 
dam, and well backed with gravel and stone. 


20 


In forming an idea of these works* I cannot blit refer to 
those at Flat Rock, and it leads me to make the following 
comparison respecting them. 

The dam at Flat Rock is 500 feet long, and I judge about 
12 feet high, founded on solid rock. The d^un^iow to be 
erected will have to be placed on an artificial foundation, 
raised 26 to 30 feet from the bottom, and in the sweeping 
tide of the river, and will then have the dam erected upon it, 
12 feet high and 1,000 feet long. 

From a careful attention to the quantity of water in the 
river, 1 am very well satisfied it affords 300 cubic feet, run¬ 
ning at the rate of two and an half feet per second, making 
45,000 feet per minute, equal to 64,800,000 in 24 hours. 
Then taking 

Thomas Oake’s estimate at 64,800,000 in 24 hours. 

Mr. Graff’s, 66,732,000 

Josiah White’s, 115,500,000 

3)247,032,000 

Mean of three estimates, 82,344,000 cubic feet in 24 hours. 

I will assume 70,000,000, which is probably not far from 
the truth, in common times of the water. Now allowing five 
feet of virtual fall, according to my calculation and experi¬ 
ence, it will lift one forty-second part of its own volume 100 
feet high, if the machinery is properly constructed, which 
would furnish in the reservoir on Fair Mount, upwards of 
10,000,000 of gallons in 24 hours; but deducting, for leak¬ 
age in the dam, one-fifth of the whole quantity, upwards of 
8,000,000 will be left for the daily supply; which quantity 
may be furnished from the whole power of the river at com¬ 
mon times. 

I Would recommend the water wheels of 15 feet diameter, 
and 18 feet wide on the bucket, to move by gravity, with one 
foot head above the aperture ; the daily expense of water on 
the wheel would be 47,628,000 gallons, which would raise 
1,182,240 gallons; which I would raise by a pump of 16 
inches diameter, and a six foot stroke, making eight double 
strokes per minute. Then four such wheels and pumps 




21 


would raise 4,728,960 gallons, which might be safely esti¬ 
mated at 4,000,000 of gallons in 24 hours, raised into the 
reservoir, at an expense of about 31,000,000 of cubic feet of 
water in the same time, which might be considered about 
half the river, allowing for leakage. 

It would take a water wheel 28 feet wide, and 15 feet dia¬ 
meter to work a pump 20 inches diameter, 6 feet stroke, 8 
double strokes per minute, lifting 1,843,200 gallons in 24 
hours. I would not recommend a wheel of so great width 
as is necessary for a 20 inch pump, being too heavy, wide, 
and ponderous, to be durable. 

The head race ought to be 80 feet wide in the clear, and 
four feet deep, to carry the water to the first wheel, without 
diminishing the head; after which the race may be propor- 
tionably narrower as it extends by the wheels ; this allowance 
in width is calculated to take all the water in the river at 
common times, and sufficient for 8 wheels. 

The calculation of raising 8,000,000 of gallons in 24 hours, 
is founded on placing the lower part of the w ater wheels at 
high water mark, or allowing six feet of total head and fall, 
and raising the water 100 feet high. By placing the wheels 
as above, it will raise 9,250,000 eighty-six feet high, which I 
understand is the height from the top of the water in the re¬ 
servoir. By placing the wheels, as intended, two feet below 
the top of high water mark, the quantity raised would be 
about 10,500,000 gallons to the height of 100 feet, and 
12,500,000 to the height of 86 feet. 

In the above calculations, I have made an allowance of 
nearly one-fifth for leakage and waste of the piston and 
valves in the pumps, and about one-eighth for leakage 
through the dam and locks of the river, and allowing the 
river to discharge 70 millions of cubic feet of water in 24 
hours. I have estimated for the dam, 

60,000 cubic feet of timber, 

184,000 superficial feet of 2, 3 and 4 inch plank for dam, 
75,000 Ditto and timber for ways, scaffolding and 
contingencies, 

75,000 perch of stone, gravel, See, for filling in, above and 
below the dam. 


22 


Four water wheels, stone aprons, stop gates, drawing 
gears and gates, with levers, pitmen and cranks, 22,500 dol¬ 
lars ; this is independent of pumps, race, and mill house; 
calculated to be done with the very best materials, and best 
manner. 

Three men are amply sufficient to attend four wheels and 
pumps, day and night, and do the small necessary repairs ; 
for which allow 

Four dollars per day, - - $ 1,460 per annum. 

For grease, oil, candles and fire wood, 200 

Wear and tear, as below, average, 440 

The wear, tear, &c. for the first seven years, will be very 
trifling, unless from neglect or accidents. 

The timber part of the wheels may be calculated to be 
removed every 12 or 14 years, at an expense of probably 12 
or 1600 dollars, each wheel. 

The calculations of the expenses I have made, are as fol¬ 
lows ; and are to the best of my judgment, and probably as 
near as such things can be estimated. 

Dam,.Dolls. 125,000 

Locks, piers, and head gates, - - 25,000 

Four wheels, four pumps, mill house, head race, 

and 80 feet of raising main to each pump. 46,000 

White 9 s Town , February 24th, 1819. 

Sir, 

We, the undersigned, have viewed the Schuylkill, at or 
near Fair Mount water works, and find that there would be 
a practicability in building a dam and locks on that part of 
the river, and that the expense would not exceed 96,000 dol¬ 
lars, to build a good substantial stone dam, locks, guard 
walls, head gates, and dig the race of sufficient width and 
depth. If the company think it worthy of their notice, we 
will give them a plan, and the particulars of the manner in 
which we have calculated upon. 

Yours, with sentiments of respect, 
WILLIAM BRIGGS, 
WILLIAM LEHMAN. 


Joseph S. Lewis. 


23 




January 29, 1819. 

At a meeting of the Committee of conference with Messrs. 
Gillingham and White. 

Present 

Messrs. Lewis, Messrs. Gillingham, 

Williams, White. 

Watson. 

Messrs. G. and White proposed to sell the entire and ex¬ 
clusive power of the use of the water of the Schuylkill, freed 
from all persons claiming under them, and reserving the fast 
lands they now own on both sides of the River, and the li¬ 
berty of removing the present buildings, for the sum of 
160,000 dollars, payable in cash or in certificates of stock of 
the City, payable with interest half yearly, redeemable at 
the pleasure of Councils. 

The City to place a dam below the Falls at any time 
they think proper, and to indemnify Gillingham and White 
against the claims of the Navigation Company for the fur¬ 
ther improvement and passage of the locks at the Falls. Any 
damage by overflowing up to the limits granted by the Na¬ 
vigation Company to Gillingham and White, to be paid by 
the City. 

If the City should decide to use the water power at the 
Falls, to be at liberty to do so; and Gillingham and White 
will convey to the City any ground below the bridge at the 
Falls on the east side, the City may think useful to it, be¬ 
longing to them, free of cost. 

Should the City determine to use the power at the Falls, 
possession to be given within one year. 

The above is the substance of the conversation and agree¬ 
ments made this day. 

JOSEPH S. LEWIS 
SAMUEL WILLIAMS, 
JOSEPH WATSON. 

It being understood that the agreements on our part are 
not to be binding, unless sanctioned by Councils in a reason¬ 
able time, say four months. 

Consideration, one hundred and sixty thousand dollars. 

JO SI AII WHITE, 
JOSEPH GILLINGHAM. 


24 


February 3, 1819. 

At a meeting of the persons above named, the considera¬ 
tion was reduced to one hundred and fifty thousand dollars, 
which the committee of the Watering Committee were au¬ 
thorized and did offer, provided the City be at liberty to use 
any part of the present materials of the locks, dams, gates, 
Ac. except the guard wall, which they may think proper. 
The title to be made complete to the satisfaction of the City 
solicitor, and the money to be paid on the first March next, 
or interest to be allowed thereon from that day. Should the 
City place a dam below the Falls, to be at liberty to do so; 
and the City to make a dam, and thereby stop the works at 
the Falls, as soon as it pleases. 

This agreement to be binding, when approved by Councils. 

JOSEPH S. LEWIS, 
SAMUEL WILLIAMS, 
JOSEPH WATSON, 

JO SI AH WHITE, 
JOSEPH GILLINGHAM. 


At a meeting of a Sub-Committee from the Watering Committee , 
and a Committee of the Schuylkill Navigation Company , 
January 23, 1819. 

* ~ 

Present . 

Messrs. Watson, Williams, Lewis, on behalf of the City. 
Messrs. Cresson, Mifflin, and Preston, on behalf of Na¬ 
vigation Company. 

The committee of the Schuylkill Navigation Company 
stated, they were authorized to say their company would 
consent to the erection of a dam at or near Fair Mount, and 
give all the aid of their act of incorporation to the purpose, 
the City defraying the whole expense of erecting the dam, 
guard locks, locks, &c. and any damage whatsoever occa¬ 
sioned thereby. The locks, when finished, to be put into 
the possession of the Navigation Company, and the City to 
enjoy all the water power not necessary for the passage of 
the locks. The City also to furnish room for the erection 


25 


of a toll-house, to be erected at the expense of the Naviga¬ 
tion Company. 

The water power to be used by the City, for any object 
deemed useful to the City ; but not to lease the water power 
for the erection of mills, or other machinery, for profit. 

The committee stated that a canal, leading to the Dela¬ 
ware, would not be deemed an infringement of the agree¬ 
ment. 

The water not to be drawn down below the top of the 
dam. The dam to be kept in repair by the City for ever, 
and if out of order to be repaired without delay. The locks 
to he kept in order by the N.Tvigation Company. 


Philadelphia , January 26, 1819. 

Henry Nixon, Esq. 

Dear Sir, 

That I may not misstate to the Watering Committee the 
subject of our conversation, give me leave to ask whether 
you did not engage that the owners of the Morrisville estate 
would (in case of the City putting up a dam, &c. for water 
power) permit the dam and race to be placed on your ground, 
northward of our late purchase at Fair Mount, free of cost 
to the City for the ground occupied. It being understood 
the City would, as far as could he done in accordance with 
their plans, place the dam in such situation as would be most 
agreeable to you. 

I am, respectfully, 

JOSEPH S. LEWIS, 
Chairman Watering Committee . 

The above is correct, with the exception of not exceeding 
fifty feet for the dam, free of cost. 

HENRY NIXON. 


4 



REPORT 

OF 

THE WATERING COMMITTEE, 

OF 

THE AGREEMENTS 

WITH THE 

SCHUYLKILL NAVIGATION COMPANY, 

AND 

WHITE AND GILLINGHAM, 

RELATING TO THE 

WATER POWER OF THE RIVER SCHUYLKILL . 

AGREEMENT. 

ARTICLES OF AGREEMENT made, concluded and 
agreed upon, this day of 

in the year of our Lord one thousand eight hun¬ 
dred and nineteen, between the president, managers and 
company of the Schuylkill Navigation Company of the one 
part, and the mayor, aldermen and citizens of Philadelphia 
of the other part: Whereas Robert Kennedy, of Penn town¬ 
ship, in the county of Philadelphia, innkeeper, being seized 
in fee of and in a certain lot and piece of land and site for 
mills, situate on the north-cast side of the Falls of Schuyl¬ 
kill, in the township of Penn, was, by an act of the general 
assembly of the commonwealth of Pennsylvania, passed on 
the ninth day of April, one thousand eight hundred and se¬ 
ven, authorized to dig, continue, support and keep in repair 
a mill race on and contiguous to the said tract of land, to 
extend a certain distance into the river Schuylkill, and to 
keep the same in good repair for ever, and to lead off there¬ 
by on his own land so much of the water of the said river as 
should be necessary for a grist and saw mill, or such other 
machinery as it should by him be found expedient to esta¬ 
blish, according to the provisions, limitations and conditions 


27 


in the said act of general assembly mentioned, as by refer¬ 
ence to the same will more fully appear; and whereas the 
said Robert Kennedy, being so seized of the said premises 
and water right, by indenture bearing date the thirty-first 
day of March, one thousand eight hundred and ten, recordr 
ed at Philadelphia in Deed Book I. C. No. 8. page 539, &c. 
together with his wife, granted and assured the said land 
and water right to Josiali AVhite, his heirs and assigns, ex¬ 
cepting and always reserving out of the said grant, the rights 
and privileges which the said Robert Kennedy, in and by a 
certain indenture bearing date the twenty-first day of April, 
eighteen hundred and eight, granted unto Samuel Wheeler 
and others, trustees of the Schuylkill falls bridge. 

And whereas, by articles of agreement between the pre¬ 
sident, managers, and company of the Schuylkill Navigation 
Company, and the said Josiali White, dated the fourteenth 
day of August, one thousand eight hundred and sixteen, re¬ 
corded in Deed Book M. R. No. 12. page 331, &c. the said 
president, managers, and company, in pursuance of their act 
of incorporation, passed the eighth day of March, one thou¬ 
sand eight hundred and fifteen, and the supplement thereto, 
passed the eighth day of February, one thousand eight hun¬ 
dred and sixteen, being fully empowered to improve the na¬ 
vigation of the said river at the said falls and elsewhere, by 
erecting dams and locks and digging canals, and making 
other improvements that might be requisite, and to sell water 
power, and make all necessary contracts for those and other 
purposes, as in the said acts are particularly mentioned and 
set forth, did grant to the said Josiali White, his heirs and 
assigns, the right to erect a dam, consisting of several parts 
as there defined, across the said river, at the falls of Schuyl¬ 
kill aforesaid, and down along or near the western shore of 
the said river between the canal then made and the river; 
and the said Josiali White, his heirs and assigns, were there¬ 
by invested for ever with and entitled to all the rights of 
water power at the said improvement of the said falls, which 
the said company was entitled to grant under the act of as¬ 
sembly and supplement aforesaid, provided that it be so 
drawn off, used and employed, that it should not at any time 


28 


impede, interrupt, or in jure the navigation of the said river 
or canal, and under such conditions, terms and stipulations 
as in the said recited agreement are more fully expressed and 
mentioned. 

And whereas the said Josiah White and wife, hy in¬ 
denture dated the first day of January, in the year of our 
Lord one thousand eight hundred and seventeen, recorded at 
Philadelphia in Deed Book M. B. No. 19, page 502, &c. 
granted, conveyed and assigned to Joseph Gillingham, his 
heirs and assigns, together with the lands and premises in 
the said indenture mentioned, one sixteenth part of the whole 
of the water of the said river without any deduction, with 
liberty to draw the same through the canal or race cut 
through the long rock at the said falls for the nail factory 
therein conveyed, or any other water works which he, the 
said Joseph Gillingham, his heirs and assigns, might erect 
on the said premises, with the privileges and restrictions 
therein mentioned; and also one full equal undivided moiety 
or half part of and in the right of water power of the said 
falls of Schuylkill, and generally of and in all the water of 
the said river Schuylkill at the said falls, excepting three 
sixteenths of the said water attached as therein described to 
the wire factory and lot of the said Josiah White, and one 
sixteenth attached as aforesaid to the said nail factory and 
lot, and all the rights, privileges and advantages given and 
granted in and hy the said recited agreement with the Navi¬ 
gation Company to the said Josiah White, his heirs and 
assigns, under and subject to all the conditions, stipulations 
and agreements therein mentioned. 

And whereas the said Josiah White and Joseph Gilling¬ 
ham, in and hy a certain indenture hearing date the 

day of in the year of our Lord one thou¬ 

sand eight hundred and nineteen, granted and conveyed to 
the said mayor, aldermen and citizens of Philadelphia, for 
the consideration therein mentioned, all their right of water 
power at the falls of the said river Schuylkill, and generally 
of and in all the water of the said river at the said falls, and 
all the rights, privileges, emoluments and advantages given 
and granted in and by the above recited article of agree- 


29 


ment between the said president, managers and company of 
the Schuylkill Navigation Company and the said Josiali 
White, together with all the rights, incidents, members and 
appurtenances whatsoever, thereto belonging or in any wise 
appertaining, as by reference thereto will more fully appear. 

And whereas the said mayor, aldermen and citizens of 
Philadelphia, being desirous to increase the supply of water 
raised from the river Schuylkill for the use of the said City, 
and for vending the same if they see lit to the adjoining dis¬ 
tricts, as well as for such other purposes as are herein after 
mentioned, by means of a new and enlarged power to be 
obtained by the erection of a dam to be built therein, near to 
their present water works; and whereas the said Naviga¬ 
tion Company, fully sensible of the importance of such im¬ 
provements, and willing to give effect to the same so far as 
may be done under their Charter of Incorporation, and hav¬ 
ing at the same time respect to the navigation of the said 
river, which by the erection of sucli works may be improved 
and extended, have agreed with the said mayor, aldermen 
and citizens of Philadelphia, to allow of such improvements, 
under the conditions, stipulations and agreements herein af¬ 
ter mentioned: 

Now these Presents Witness , that in order to fulfil the 
intention and meaning of said parties, and also the acts of 
assembly before mentioned, the said parties have contracted 
and agreed mutually with each other, with respect to the 
improvements to he made by the said mayor, aldermen and 
citizens of Philadelphia, and their successors, at or near to 
Fair Mount, Penn township, Philadelphia county, as follows, 
to wit: They the said president, managers and company of 
the Schuylkill Navigation Company, grant to the said mayor, 
aldermen and citizens of Philadelphia, the right, and they 
the said mayor, aldermen and citizens of Philadelphia, agree 
to erect a dam as herein after directed across the said river, 
near to Fair mount, at or nearly opposite to Hunter street, 
as laid down in the town plot of Morrisville ,• the said dam 
to be built conformably to the charter of incorporation of the 
said Navigation Company and the supplement thereto, and to 
be so formed as to be level on the top from one abutment to 


30 


the other, and so constructed as to raise the water of the 
said river as high as the said Josiah White might of right 
do under the said recited articles of agreement between the 
said Navigation Company and the said Josiah White. 

It is hereby mutually understood and agreed between the 
said parties, that the said president, managers and company 
of the Schuylkill Navigation Company shall and may at all 
times draw off from the said dam as much water as they may 
deem necessary for the purpose of the navigation, and that 
the said mayor, aldermen and citizens shall and may enjoy 
all the remainder of the water of the said river for the pur¬ 
poses herein after mentioned; provided they do not at any 
time reduce the same or keep the same reduced below the 
level of the surface or top of the said dam ; it being the de¬ 
sign and meaning of the parties, that the said mayor, aider- 
men and citizens shall only have such use of the water as 
with the use thereof by the said president, managers and 
company, will not reduce it below the said surface or top of 
the dam, or keep it so reduced. And the said dam is to be 
kept up and in good and sufficient repair, at all times and 
for ever, by the said mayor, aldermen and citizens of Phila¬ 
delphia and their successors, at their own proper expense and 
charges. 

And it is further agreed between the said parties, that a 
tail race or canal, to accommodate the navigation of the said 
river at the said dam, is to he completed and finished in good 
order by the said mayor, aldermen and citizens of Philadel¬ 
phia, and their successors, and, as soon as finished, delivered 
and secured to the said Navigation Company and their suc¬ 
cessors for ever. 

And the said mayor, aldermen and citizens of Philadelphia, 
and their successors, shall build one good and sufficient guard 
lock, and two chamber locks, each to be eighty feet long and 
seventeen feet wide, as required by the act of incorporation of 
the said Navigation Company; the said locks to be so deep 
as to admit the water of the said river at the lowest time of 
the said water to the depth of three feet on the ribbond of 
the gateways of the said lock or locks, so as to make a safe 
and convenient passage for boats and other things which may 


31 


pass through them : and it is further agreed that the locks 
so to be built, shall be well founded and faced with hewn or 
well dressed stone, coming into contact with each other no 
where less than six inches, and running into the body of the 
wall so as to be perfectly secure; and that the walls of said 
locks shall average at least seven feet in thickness, and of a 
height sufficient for the purposes of the said locks ; and the 
abutments and walls of the guard locks are to he so construct¬ 
ed as to be at least seven feet in height above the said dam, 
and all the materials of which the said locks shall be formed, 
those of wood as well as of stone, shall be of the best quality 
and kind, the stones of the walls to he well cemented together. 
And it is hereby agreed that the tail race or canal, extending 
from the said locks to the main channel of the said river, 
shall be formed and completed on a safe and convenient route, 
to be approved of by the said Navigation Company ; and the 
said tail race or canal shall he thirty feet wide at the bottom 
at the least, and three feet in depth below the low water of 
the said river, so that boats may at all times safely pass the 
same. And the said parties hereby further agree, that the 
said Navigation Company shall have the right, by themselves 
or their agents, to inspect the building of the said locks and 
other works as they shall progress, which said locks and 
canal shall be completed to the full satisfaction of the said 
Navigation Company. 

And the said parties hereby further agree, that in case the 
said mayor, aldermen and citizens of Philadelphia, shall de¬ 
termine on placing the said canal and locks on the east side 
of the said river, that they shall make for and secure to the 
said Navigation Company, on such route as the said Naviga¬ 
tion Company shall approve, a separate canal from the said 
dam, to enter the river Schuylkill beloAV the water wheels of 
the City corporation : not less than thirty feet wide at the 
bottom, which shall in its whole length and breadth be at least 
three feet below the level of the top of the dam ,* and the said 
canal shall be provided with a good and sufficient guard lock 
at the entrance thereof: and the locks of the said canal shall 
he placed so far within the banks, as at all times to secure a 
safe and convenient entrance into and outlet therefrom. And 


82 


the said mayor, aldermen and citizens of Philadelphia, shall 
build a good and substantial guard wall between the walls of 
the said locks and the tail race of the water wheels or mill 
power, and of a sufficient extent into the river, so that boats 
may lay with safety at the entrance of the said locks; and all 
boats which shall or may pass the said guard lock, but not 
through the two lower locks, shall pay to the said Naviga¬ 
tion Company as much toll as they may now legally demand 
from boats passing one lock (except such boats as may be 
employed by the said mayor, aldermen and citizens of Phila¬ 
delphia, for the purposes of the said City, which shall not 
pay any toll.) 

And it is further agreed between the said parties, that in 
case the said mayor, aldermen, and citizens of Philadelphia, 
and their successors, shall at any time hereafter make and 
construct a canal along or near to the route of the present 
canal at Morrisville, to communicate with the Schuylkill to 
the northward of Fair Mount, or in case any other per¬ 
sons, bodies politic or corporate, shall make and construct 
such canal, then and in such case the said Navigation Com¬ 
pany shall not demand or require the tolls on such canal and 
locks, or any part of them, to be paid to them, and such tolls 
shall and may be receivable by those entitled to them. But 
in case the said mayor, aldermen and citizens of Philadel¬ 
phia, shall make a canal running between Quarry-hill at 
Fair Mount, and the river Schuylkill, they shall be at liber¬ 
ty to demand and receive all the tolls receivable on the said 
canal, except so much thereof as may be equal to the tolls 
which the said Navigation Company now may legally take 
at any one of their locks, which said toll shall be paid to the 
said Navigation Company, except on boats employed on the 
said canal for the use of the said mayor, aldermen and citi¬ 
zens of Philadelphia, which shall not pay any toll. But it is 
expressly agreed, that nothing herein contained shall in any 
manner be understood to authorize anv interference with the 
canal and locks herein and hereby stipulated to be construct¬ 
ed and delivered to the said president, managers and com¬ 
pany, nor to impair or lessen the obligation of the said may¬ 
or, aldermen and citizens to maintain, support and keep the 


33 


said dam in repair, nor to affect or impair the exclusive au¬ 
thority and control over the said canal and locks, and the 
exclusive possession and ownership thereof, by the said pre¬ 
sident, managers and company. 

And the said parties hereby further covenant and agree, 
that the said mayor, aldermen and citizens of Philadelphia, 
and their successors, shall not sell, lease, or dispose of any 
water power of the said river Schuylkill, nor use the said 
water power for manufacturing purposes, except only for 
boring pipes, pumps, and such other matters and things, as 
may be useful to and connected with the said public works 
of the said mayor, aldermen, and citizens of Philadelphia. 

And whereas, the said mayor, aldermen, and citizens of 
Philadelphia, having become possessed of the whole of the 
water power at the falls of the said river, by the before re¬ 
cited conveyance, from the said Josiah White and Joseph 
Gillingham, it is covenanted and agreed by and between the 
parties hereto, that the provisions of the agreement of the 
14th day of August, 1816, between the said Navigation 
Company, and the said Josiah White, imposing particular 
conditions and restrictions on the said Josiah White, and his 
assigns, in reference to the dam, locks, and canals, at the 
said falls, shall cease and become void, so far as the said 
conditions and restrictions may be rendered unnecessary, by 
the construction of a dam, together with canals and locks, 
at or near to Fair Mount; and the said mayor, aldermen, 
and citizens of Philadelphia, at any time after the said dam, 
abutments, guard walls, canals, and locks, at or near Fair 
Mount, are completed to the satisfaction of the said presi¬ 
dent, managers, and company of the Schuylkill Navigation 
Company, take up and remove the present materials of the 
locks, dams, gates, &c. at the said falls, except the guard 
wall, and apply the same to such uses as they may see pro¬ 
per, freed from any claims of the said Navigation Company. 
And it is hereby declared to be understood and agreed be¬ 
tween the said parties, that nothing in this agreement con¬ 
tained is in any manner to impair or affect the rights be¬ 
longing to the said mayor, aldermen, and citizens of Phila¬ 
delphia, under the said act of Assembly, of the 9th day of 

5 


34 


April, 1807, reserved to them therein, or those since by 
them acquired under the before mentioned conveyance, from 
the said Josiah White and Joseph Gillingham ; hut the same 
are to be held by them as fully and to all intents and pur¬ 
poses as heretofore, except so far as they may be altered, 
changed or modified by this present agreement. 

And the said mayor, aldermen, and citizens of Philadel¬ 
phia, for themselves and their successors, do hereby cove¬ 
nant, promise and agree to pay all penalties and damages, 
which the said Schuylkill Navigation Company would or 
might he liable to pay, so far as said penalties or damages 
may be occasioned by the said dam, canal, and locks, or 
other works to be erected at or near Pair Mount, and all 
damages occasioned by Josiah White’s dam at the falls, to 
which he would he liable by virtue of the said articles of 
agreement, and to pay all expenses attending suits which 
may be brought against the said Schuylkill Navigation 
Company, by reason of either of the said dams, canals, and 
locks. All the works to he completely finished as soon as 
practicable, but on or before the 1st day of January, 1822, 
unavoidable accidents excepted. The said mayor, aider- 
men, and citizens covenant and agree that they will pro¬ 
vide and furnish the said president, managers, and company 
of the Schuylkill Navigation Company, sufficient and suita¬ 
ble ground adjoining the said locks, whereon to erect a con¬ 
venient toll house, with free access to and from the same 
from time to time and at all times hereafter for ever. The 
locks and canals when finished, and ground for the toll 
house, to be delivered over and put in possession of the said 
Schuylkill Navigation Company, and to be and remain their 
property for ever. 

And the said mayor, aldermen, and citizens of Philadel¬ 
phia, and their successors, do hereby covenant, promise and 
agree to, and with the said president, managers and com¬ 
pany of the Schuylkill Navigation Company, that they the 
said mayor, aldermen, and citizens of Philadelphia, and 
their successors, shall and will well and truly do and per¬ 
form all and singular the covenants, matters and things on 
their part to be done and performed: and the said presi- 


35 


dent, managers and company of the Schuylkill Navigation 
Company, do hereby covenant, promise and agree to, and 
with the said mayor, aldermen, and citizens of Philadelphia, 
that they and their successors shall and will well and truly 
do and perform all and singular the covenants, matters and 
things on their part to he done and performed; and that the 
said mayor, aldermen and citizens of Philadelphia doing 
and performing at their own expense all and singular the 
matters and things on their part to be done and performed, 
shall and may enjoy all the rights, privileges, estate and in¬ 
terest hereby granted and conveyed or intended so to be, 
without any let or molestation of the said president, mana¬ 
gers and company of the Schuylkill Navigation Company 
and their successors, or any claiming under them. And for 
the true and faithful performance of all and singular the 
covenants, articles, and agreements aforesaid, the said par¬ 
ties bind themselves to each other firmly by these presents. 

In witness whereof the said president, managers and 
company of the Schuylkill Navigation Company, and the 
said mayor, aldermen and citizens of Philadelphia, have 
hereunto caused their common or public seal to be inter¬ 
changeably affixed. 


DEED. 


Josiah White and Wife , and Joseph Gillingham 
and Wife , to the Mayor , Aldermen , and Citi¬ 
zens of Philadelphia . 

THIS INDENTURE, made the day of 

in the year of our Lord one thousand eight 
hundred and nineteen, between Josiah White of the City of 
Philadelphia, gentleman, and Elizabeth his wife, and Joseph 
Gillingham of the same place, merchant, and Rebecca his 
wife, of the one part, and the mayor, aldermen and citizens 
of Philadelphia, of the other part: Whereas Robert Kennedy 
of Penn township in the county of Philadelphia, innkeeper, 
being seized in fee of and in a certain lot or piece of land and 
site for mills situate on the north east side of the falls of 

Schuylkill in the said township of Penn, was, by an act of 

% 

the General Assembly of the Commonwealth of Pennsylvania, 
passed the ninth day of April, in the year of our Lord one 
thousand eight hundred and seven, authorized to dig, con¬ 
tinue, support, and keep in repair a mill race on and conti¬ 
guous to the said tract of land, to extend a certain distance 
into the river Schuylkill, and to keep the same in good re¬ 
pair forever, and to lead off thereby on his own land so much 
of the water of the said river, as should be necessary for a 
grist and saw mill or such other machinery as it should be 
by him found expedient to establish according to the pro¬ 
visions, restrictions, limitations and conditions in the said 
act of General Assembly mentioned, as by reference to the 
same will more fully appear : , 

And whereas the said Robert Kennedy, being so seized 
of the said premises and water right, by indenture bearing 
date the thirty first day of March, in the year of our Lord 
one thousand eight hundred and ten, recorded at Philadelphia 
in deed book I. C. No. 8, page 539, &c. together with his 


37 


wife, granted and assured the said land and water right to 
the said Josiah White, his heirs and assigns, excepting and 
always reserving out of the said grant the rights and privi¬ 
leges which the said Robert Kennedy, in and by a certain 
indenture bearing date the 21st day of April, 1808, granted 
unto Samuel Wheeler and others, trustees of the Schuylkill 
falls bridge: 

And whereas, by articles of agreement between the presi¬ 
dent, managers and company of the Schuylkill Navigation 
Company and the said Josiah White, dated the fourteenth 
day pf August, in the year of our Lord one thousand eight 
hundred and sixteen, recorded at Philadelphia in deed hook 
M. R. No. 12, page 331, &c. the president, managers and 
company of the Schuylkill Navigation Company, in pursu¬ 
ance of their act of incorporation, passed the eighth day of 
March, one thousand eight hundred and fifteen, and the sup¬ 
plement thereto, passed the day of one thou¬ 

sand eight hundred and sixteen, being fully empowered to 
• improve the navigation of the said river at the said falls and 
elsewhere, by erecting dams and locks, and digging canals 
and making other improv ements that might be requisite, and 
to sell water power and make all necessary contracts for 
those and other purposes, as in the said acts are particularly 
mentioned and set forth; did grant to the said Josiah White, 
his heirs and assigns, the right to erect a dam consisting of 
several parts as therein defined across the said river at the 
falls of Schuylkill aforesaid, and down along or near the 
western shore of the said river between the canal then made 
and the river; and the said Josiah White, his heirs and as¬ 
signs, were thereby invested forever with and entitled to all 
the rights of water power at the said improvement of the 
said falls which the said company were entitled to grant un¬ 
der the act of Assembly and supplement aforesaid, provided 
that it be so done, drawn off, used and employed that it should 
not at any time impede, interrupt or injure the navigation of 
the said river or canal, and under such conditions, terms and 
stipulations as in the said recited agreement are more fully 
expressed and mentioned : 


38 


And whereas the said Josiah White and wife, by indenture 
dated the first day of January, one thousand eight hundred 
and seventeen, recorded at Philadelphia in deed book M. B. 
No. 19, page 502, &c. granted, conveyed and assured unto the 
said Joseph Gillingham, his heirs and assigns, together with 
the lands and premises in the said indenture mentioned, one- 
sixteenth part of the whole of the water of the said river with¬ 
out any deduction, with liberty to draw the same through the 
canal or race cut through the long or main rock at the said 
falls for the nail factory therein conveyed, or any other water 
works which he the said Joseph Gillingham, his heirs and 
assigns, might erect on the said premises, with the privileges 
and restrictions therein mentioned: and also one full equal 
and undivided moiety or half part of and in the right of wa¬ 
ter power of the said Falls of Schuylkill, and generally of 
and in all the water of the River Schuylkill at the said Falls, 
excepting the six-tenths of the said water attached as therein 
described to the wire factory and lot of the said Josiah White, 
and one-sixteenth attached as aforesaid to the said nail fac¬ 
tory and lot; and all the rights, privileges and advantages 
given and granted in and by the said recited agreement with 
the Navigation Company to the said Josiah White, his heirs 
and assigns, under and subject to all the restrictions, condi¬ 
tions, stipulations and agreements therein mentioned. 

And whereas in and by certain articles of agreement made 
and entered into between them the said Josiah White and 
Joseph Gillingham, and Joseph S. Lewis, Samuel Williams 
and Joseph Watson, on behalf of the Watering Committee 
of the Select and Common Councils of the City of Philadel¬ 
phia, the said Josiah White and Joseph Gillingham agreed to 
sell and convey for the consideration money therein mention¬ 
ed to the mayor, aldermen and citizens of Philadelphia, their 
successors and assigns, the entire and exclusive power of the 
use of the water of the River Schuylkill, freed from all per¬ 
sons claiming under them, and reserving in such sale the fast- 
lands then owned by them on both sides of the river and the 
right of removing the buildings thereon, and giving to the > 
mayor, aldermen and citizens of Philadelphia, their succes- 


39 


sors anil assigns, full power to place a dam below the falls 
at any time they should think proper, and thereby stop the 
works at the falls as soon as they should see fit; and the 
mayor, aldermen and citizens of Philadelphia agreed to in¬ 
demnify the said Josiah White and Joseph Gillingham against 
the claims of the said Navigation Company for the further 
improvement and passage at the locks at the falls, stipulated 
for in the agreement of the said Josiah White with the said 
Navigation Company ; and in case any damage should hap¬ 
pen by overflowing up to the limits granted hy the said Na¬ 
vigation Company to the said Josiah White, the same to be 
paid by the mayor, aldermen and citizens of Philadelphia: 
and in case that the mayor, aldermen and citizens of Phila¬ 
delphia should decide to use the water power at the falls, 

the said Josiah White and Joseph Gillingham further 
agreed to convey to them any ground below the falls bridge 
on the east side of the river which they may think useful to 
it, belonging at the time of the said agreement to the said 
Josiah White and Joseph Gillingham, free of cost, posses¬ 
sion whereof to he given in one year, together with the liber¬ 
ty to use any part of the present materials of the locks, dams, 
gates, &c. except the guard wall, which the said mayor, al¬ 
dermen and citizens of Philadelphia may think proper. 

Now this Indenture witnesseth , that the said Josiah White 
and Elizabeth his wife, and Joseph Gillingham and Rebecca 
his wife, for and in consideration of the sum of one hundred 
and fifty thousand dollars, lawful money of the United 
States, to them in hand well and truly paid, by the mayor, 
aldermen, and citizens of Philadelphia, at or before the seal¬ 
ing and delivery hereof, the receipt whereof the said Josiah 
White and Joseph Gillingham do hereby acknowledge, Have 
granted, bargained, sold, aliened, enfeoffed, and confirmed, 
and by these presents Do grant, bargain, sell, alien, enfeoff*, 
and confirm unto the mayor, aldermen, and citizens of Phi¬ 
ladelphia, their successors and assigns, all their right of 
water power of the falls of the river Schuylkill, and general¬ 
ly of and in all the water of the said river at the said falls, 
and all the rights, privileges and advantages given and 


40 


granted in and by the above recited articles of agreement 
between the president, managers and company of the Schuyl¬ 
kill Navigation Company and the said Josiah White, and 
the said indenture of the said Robert Kennedy, and the said 
acts of assembly, together with all the rights, incidents, 
members and appurtenances whatsoever thereunto belong¬ 
ing or in any wise appertaining, which they the said Josiah 
White and Joseph Gillingham hold jointly or severally or 
otherwise howsoever, and also all the present materials of 
the locks, dams, gates, canal walls, except the guard wall, 
to have and to hold the said right of water power of the 
falls of the said river, hereditaments and premises hereby 
granted or mentioned or intended so to be, with the appur¬ 
tenances, unto the mayor, aldermen and citizens of Phila¬ 
delphia, their successors and assigns, to the only proper use 
and behoof of the mayor, aldermen and citizens of Philadel¬ 
phia, their successors and assigns, for ever. And the said 
Josiah White and Joseph Gillingham for themselves, their 
heirs, executors and administrators, and for every of them, 
do jointly and severally covenant, promise and agree to and 
Avith the mayor, aldermen and citizens of Philadelphia, their 
successors and assigns, by these presents in manner folloAV- 
ing, that is to say, that the mayor, aldermen and citizens of 
Philadelphia may erect a dam below the falls of the said 
river at any time they see proper, and should they decide to 
use the water at the said falls, then to convey and assure to 
the mayor, aldermen and citizens of Philadelphia, their suc¬ 
cessors and assigns, all the ground now held by the said 
Josiah White and Joseph Gillingham or either of them, be- 
low the bridge at the said falls on the east side of the said 
river, which they the mayor, aldermen and citizens of Phi¬ 
ladelphia, their successors and assigns, may think useful to 
them, and to deliver up possession thereof within one year 
from the date hereof free and clear from all costs and 
charges or further consideration money ; and also to indem¬ 
nify and save harmless the mayor, aldermen and citizens of 
Philadelphia, their successors and assigns, from all costs 
and damages, claims and demands, for or by reason of any 


41 


person or persons holding or claiming rights or privileges 
under the said Josiah White and Joseph Gillingham, or un¬ 
der either of them, at the said falls, for or by reason of any 
improvements which may be made in or upon the said river 
by the mayor, aldermen and citizens of Philadelphia, their 
successors and assigns, for or by reason of the water power 
and privileges hereby granted, or others which may be grant¬ 
ed, to the mayor, aldermen, and citizens of Philadelphia. 

And the mayor, aldermen and citizens of Philadelphia, 
for themselves, their successors and assigns, do covenant, 
promise and agree to and with the said Josiah White and 
Joseph Gillingham, their heirs and assigns, by these presents, 
in the manner following, that is to say, that they the mayor, 
aldermen and citizens of Philadelphia, their successors and 
assigns, shall and will do and perform all and every the 
covenants and agreements to be done and performed by the 
said Josiah White in the said recited agreement with the said 
Schuylkill Navigation Company mentioned or contained ; 
and also to indemnify and save harmless the said Josiah 
White and Joseph Gillingham, and their heirs, of and from 
all claims of the president, managers and company of the 
Schuylkill Navigation Company, for the further improve- 
ment and passage of the locks at the falls of the said river, 
and of and from all other costs and charges, claims and de¬ 
mands whatsoever, for or by reason of any the covenants or 
engagements made and entered into by the said Josiah White 
to and with the said Navigation Company, for or by reason 
of any improvements which may be made by the mayor, 
aldermen and citizens of Philadelphia, their successors 
and assigns, at the falls of the said river or elsewhere on 
the same ; and also that they the said Josiah White and 
Joseph Gillingham, shall and may have liberty to remove 
and take away their present buildings at the said falls, and 
make use of the water power at the same for a term not ex¬ 
ceeding eighteen months, unless the mayor, aldermen and 
citizens of Philadelphia shall decide to use the said water 
power at the said falls, or to erect a dam at or near to Fair 
Mount within the said time. 


6 


42 


And it is hereby declared to be understood and agreed 
between the said parties, that nothing in this indenture con¬ 
tained is in any manner to impair or affect the rights belong¬ 
ing to the said mayor, aldermen and citizens of Philadelphia 
under the said act of Assembly of the 9th day of April, 1807”, 
reserved to them therein, hut the same are to he held by 
them as fully and to .all intents and purposes as heretofore. 
And the said Josiali White and Joseph Gillingham for them¬ 
selves, their heirs, executors and administrators, do cove¬ 
nant, promise and agree to and with the mayor, aldermen 
and citizens of Philadelphia, their successors and assigns, 
by these presents, that they the said Josiali White and Joseph 
Gillingham, and their heirs, all and singular the premises 
hereby granted, with the appurtenances, unto the mayor, 
aldermen and citizens of Philadelphia, their successors and 
assigns, against them the said Josiali White and Joseph 
Gillingham, and their heirs, and against all and every other 
person or persons whomsoever lawfully claiming or to claim 
the same by from or under them or either of them, shall and 
will warrant and forever defend by these presents. 

In witness whereof the said Josiah White and Elizabeth 
his wife, and Joseph Gillingham and Rebecca his wife, have 
hereunto set their hands and seals, and the mayor, aldermen 
and citizens of Philadelphia have caused their corporate 
seal to he affixed, the day and year first above written. 

Sealed and delivered 1 
in the presence of j 


i 


ARTICLES OF AGREEMENT, 

BETWEEN 

ARIEL COOLEY, 

AND 

THE MAYOR, ALDERMEN, AND CITIZENS 

OP 

THE CITY OF PHILADELPHIA. 


ARTICLES OF AGREEMENT, made, concluded, and 
agreed upon, this twenty-third day of September, in the year 
of our Lord one thousand eight hundred and nineteen, be¬ 
tween Ariel Cooley, of Springfield, in the state of Massachu¬ 
setts, of the one part, and the mayor, aldermen, and citizens 
of Philadelphia, of the other part: WHEREAS, by articles 
of agreement between the president, managers, and company 
of the Schuylkill Navigation Company, and Josiah White, 
dated the fourteenth day of August, eighteen hundred and 
sixteen, the said president, managers, and company, did 
grant to the said Josiah White, his heirs and assigns, the 
right to erect a dam across the river Schuylkill, at the falls, 
and the said Josiah White, his heirs and assigns, were there¬ 
by invested for ever with, and entitled to all the right of, the 
water power at the said falls, which the said company were 
entitled to grant, under the terms in the said agreement 
mentioned: AND WHEREAS the said Josiah White af¬ 
terwards conveyed to Joseph Gillingham and his assigns, 
among other things, part of the said water power: AND 
WHEREAS the said Josiah White and Joseph Gillingham, 
by indenture, bearing date the seventeenth day of April, in 
the year of our Lord eighteen hundred and nineteen, granted 
and conveyed, among other things, all their right of water 
power at the said falls, to the mayor, aldermen, and citizens 
of Philadelphia, subject to the performance, by the mayor. 




44 


* 


aldermen, and citizens of Philadelphia, of all and every the 
covenants and agreements to be done and performed by the 
said Josiah White, in the said recited agreement with the 
Schuylkill Navigation Company mentioned or contained : 
AND WHEREAS the president, managers, and company 
of the Schuylkill Navigation Company, by articles of agree¬ 
ment with the mayor, aldermen, and citizens of Philadelphia, 
bearing date the third day of June, eighteen hundred and 
nineteen, granted to the mayor, aldermen, and citizens of 
Philadelphia, the right to erect a dam across the said river, at 
or near to Fair Mount ; the said dam to be built conformably 
to the charter of incorporation of the said Navigation Com¬ 
pany, and the supplement thereto, and to be so formed as to 
be level on the top, from one abutment to the other, and so 
constructed as to raise the water of the said river as high as 
the said Josiah White might of right do, under the said re¬ 
cited articles of agreement with the said Navigation Com¬ 
pany : AND WHEREAS the said Ariel Cooley has agreed, 
for the consideration hereinafter mentioned, to construct the 
said dam, together with the canal and race, and the neces- 
' sary locks and guard-walls, in the manner hereinafter pro¬ 
vided : NOW THESE PRESENTS WITNESS, that the 
said Ariel Cooley, for and in consideration of the sum of 
one hundred and fifty thousand dollars, lawful money of the 
United States, to be paid to him by the mayor, aldermen, 
and citizens of Philadelphia, and their successors, in the 
manner hereinafter mentioned, Doth covenant, promise, and 
agree, to and with the said mayor, aldermen, and citizens of 
Philadelphia, and their successors, in manner following, to 
wit: That he the said Ariel Cooley, his executors and admi¬ 
nistrators, shall and will erect and construct a dam across the 
river Schuylkill, at or near to Fair Mount, on such site as 
may be fixed upon by the Watering Committee of the Select 
and Common Councils of the said city, and to be so formed 
as to be a level at the top of the said dam from one abutment 
to the other, and so constructed as to raise the water of the 
said river as high as the said Josiah White might of right 
have done, under the said recited articles of agreement be¬ 
tween him and the said Navigation Company $ the said dam. 


45 


\ 


commencing at the western shore, and extending across the 
said river as far as the rocky bottom thereof, to he con¬ 
structed of the best hemlock timber, of a large size, and 
filled in with stone, and floored over with oak plank, running 
up and down stream, to he not less than six inches thick 
at the upper end or overfall of the said dam ; the said dam to 
be built, on the up stream, or north side, to an angle of twen¬ 
ty-five degrees, forming a straight line from the top of the 
said dam to where it intersects the crib work at that angle, 
and battered on the back, or south side, one foot to each four 
feet rise. The remainder of the said dam or abutment, on 
the eastern side, to he well and substantially constructed, of 
stones and earth, placed together in the most secure and 
workmanlike manner, and raised seven feet higher than the 
western part of the dam is required to be, and to be at least 
fifteen feet wide at the top, with a slope, on both the upper 
and lower sides, of not less than twenty-five degrees, com¬ 
mencing at the top of the said hank, and extending on that 
angle until it intersects the bottom of the river; and the 
whole to be so permanently made, as not to cave in, or give 
way; and to be water-tight in its whole extent, from shore 
to shore, and from its base, at the bottom of the river, to the 
top of the said dam ; and where that part thereof which is to 
be made of wood connects with that which shall he made of 
earth, shall be constructed with a head pier, laid with dress¬ 
ed stone, with deep joints and beds, laid in mortar and grout¬ 
ed, and shall be so firmly bound together, as to withstand 
the greatest pressure which may be occasioned by ice or 
water freshets $ and the whole dam to be so completely made, 
and in all respects finished in so workmanlike a manner, as 
not to suffer or permit a loss of more than one-tenth of the 
whole water of the said river. And the said Ariel Cooley 
doth further covenant and agree to dig and construct a race, 
on the eastern side of the said river, to commence at the 
north side of the said dam, and to extend to the north side 
of Morris street; and to make the said race ninety-three feet 
wide at the entrance, and from thence gradually narrowing on 
the east side, to the distance of twenty feet from the south side 
of' the arches hereinafter mentioned, where the race shall he 


/ 


46 


seventy-five feet wide ; thence again gradually narrowing to 
the width of sixty-seven feet wide, commencing five feet 
three inches from the north-east corner of the engine-house, 
continuing from thence to the north side of Morris street, 
gradually narrowing to sixty feet wide ; the said race to be 
six feet deep, clear of the cills of the head-gates, from the 
water line of the dam; the said widths to he measured on the 
average of the top and bottom of the said race ; the line of 
the west side of the race to be straight from the abutments 
of the arches of the head-gates to the said engine-house : 
And it is further agreed, that the head-piers, abutments, and 
arches, at the entrance of the dam, shall be substantially 
built, with dressed stone, with sufficient beds, laid in mortar, 
and well grouted, as the work progresses; the openings into 
the head of the race to consist of three arch-ways, at least 
fifteen feet in width north and south, the centre one of which 
to be seventeen feet wide in the clear east and west, and ten 
feet high above the water line of the dam, for the free admis¬ 
sion of boats; the clear openings of the said arch-ways to be 
of sufficient width so as to admit at all times a column of 
water to pass, equal at least to four hundred and two cubic 
feet in each foot in length; and that all the gates and gate- 
w ays shall he made and finished in a workmanlike manner, 
with yellow pine, or of the best white oak timber, free from 
sap where exposed above the water in the said race or river; 
and that all the gearing, for opening and shutting the said 
gates, shall be made of iron, and on the most approved plan. 
And the said Ariel Cooley further covenants and agrees to 
make and construct a canal, from the said dam, on the west¬ 
ern side of the said river, on such route as the said Naviga¬ 
tion Company shall approve, to enter the said river at a con¬ 
venient distance, through the flat marsh, three feet deep 
below low T w ater mark, and to be twenty-five feet wide at 
the bottom, with the usual slopes, and which shall, in its 
whole length and breadth, be at least three feet below the 
level of the top of the dam: And also shall and will build 
one good and sufficient guard-lock, to be level and not to let 
dow n, and tw o chamber-locks, in the said canal, commencing 
at a point nearly opposite the water-house, and a few perches 


47 


above a large projecting rock ; eacli lock to be eighty feet 
long, and seventeen feet wide in the clear, as required by the 
act of incorporation of the said Navigation Company ; the 
said locks to he so deep as to admit the water of the said 
river, at the usual low time of the said water, to the depth of 
three feet on the rihbon of the gate-ways of the said locks, 
so as to make a safe and convenient passage for boats and 
other things which may pass through them : And it is further 
agreed, that the locks so to be built shall he well founded, 
and faced with hewn or well dressed stone, coming into con¬ 
tact with each other no where less than twelve inches, with 
binders or heading courses, which shall be at the least four 
feet long; and that the walls of the said locks shall average 
at the least seven feet in thickness, and of a height sufficient 
for the purposes of the said locks; and the abutments and 
walls of the said guard-locks are to be so constructed as to 
be at least seven feet high above the said dam ; and all ma¬ 
terials of which the said locks shall be formed, those of wood 
as well as of stone, shall be of good quality and kind; the 
stones of the said walls to be well bedded in mortar, grouted 
and pointed with cement of the most approved sort; and the 
locks of the said canal shall be placed so far within the 
banks, as at all times to secure a safe and convenient en¬ 
trance in and outlet therefrom : And it is further agreed by 
the said Ariel Cooley, that the gates and gate-ways shall he 
made of the best workmanship and materials; and the gear¬ 
ings for opening and shutting the gates of the race and canal 
shall be of iron, and on the most approved plan; and the 
said Navigation Company shall have the right, by themselves 
or their agents, to inspect the building of the said locks and 
other works, as they shall progress; which locks, canal, and 
dam, shall be completed to their satisfaction. And it is fur¬ 
ther agreed between the said parties, that all the earth, 
stone, and other materials, that may be raised in cutting and 
digging the said canal and locks, and race, shall appertain 
and belong to the said Ariel Cooley, to he applied by him in 
constructing the said improvements; and should not the same 
be sufficient for that purpose, that the said Ariel Cooley may 
take such further materials as the said works may require, 


I 


48 


from such part of the land of the mayor, aldermen, and citi¬ 
zens of Philadelphia, at Fair Mount, as they may point out 
to him ; or he may be at liberty to purchase elsewhere, at 
his own proper cost, such materials as he may want: it being 
understood and agreed, that the said Ariel Cooley is not to 
be interrupted, in the progress of the said work, by applying 
or using the land aforesaid for the purposes of roads or other¬ 
wise. And the said Ariel Cooley, for himself, his heirs, 
executors, and administrators, doth farther covenant and 
agree, that he shall and will, from time to time, and at all 
times hereafter, for the space of five years from the time the 
said canal and locks, together with the dam, and race to the 
north-east corner of the engine-house, where the said race 
narrows to sixty-seven feet, shall be completed, and delivered 
up to the mayor, aldermen, and citizens of Philadelphia, at 
his own proper costs and charges, uphold, maintain, and 
keep the said dam, canal, head-gates, and locks, so to he 
duly erected and finished, in, by, and with all necessary re¬ 
pairs, and keep harmless and indemnified the mayor, aider- 
men, and citizens of Philadelphia, from all actions, suits, 
costs, damages, and payments whatsoever, that may arise or 
happen unto them, by the giving way of any part of the said 
work, in case of the failure of the said Ariel Cooley to repair 
the same, during the said term of five years. And the said 
Ariel Cooley further covenants and agrees to commence 
erecting the said dam and locks forthwith, and to finish the 
same in every respect in a good and workmanlike manner, 
according to the true intent and meaning of this agreement, 
by the twenty-fifth day of December, which will be in the 
year of our Lord one thousand eight hundred and twenty: 
And it is further agreed between the said parties, that as 
soon as the said canal, locks, and dam, and also the head¬ 
race so far as the north-east corner of the engine-house, 
where it is to narrow to sixty-seven feet, shall be fully com¬ 
pleted, that the said works may be delivered up by the said 
Ariel Cooley to the mayor, aldermen, and citizens of Phila¬ 
delphia, who hereby agree to accept the same, and to allow 
him until the month of December, eighteen hundred and 
twenty-one, to complete and finish the remainder of the said 


49 


head-race, from the north-east corner of the engine-house to 
Morris street aforesaid, in the manner herein before men¬ 
tioned : and in case there should exist any difference of opi¬ 
nion, as to what shall be deemed to be the completion of the 
said works, at the time the said Ariel Cooley may offer to 
deliver up the same to the mayor, aldermen, and citizens of 
Philadelphia, as finished, it is hereby agreed, that such dif¬ 
ference between the said parties shall he submitted to the 
arbitration of three disinterested persons, of good judgment, 
unconnected with the said parties, and mutually chosen by 
them, whose determination, or a majority of them, shall be 
binding on the parties hereto ; and in case the said arbitra¬ 
tors shall be of opinion that something further shall be requi¬ 
site to be done by the said Ariel Cooley, to make the said 
work complete, it is hereby agreed, that the said Ariel Cooley 
shall be allowed a reasonable time therefor, which additional 
time shall not be construed to be an infringement, on his 
part, of the said agreement, although the said time should 
exceed or outrun that within which the said Ariel Coolev has 

V 

herein covenanted to complete the works aforesaid, he making 
suitable compensation to the mayor, aldermen, and citizens 
of Philadelphia, for any damages that may happen to them 
from his delinquency or omissions, should any such occur. 
And the said mayor, aldermen, and citizens of Philadelphia, 
covenant, promise, and agree to and with the said Ariel 
Cooley, his executors and administrators, to pay, or cause 
to be paid, to the said Ariel Cooley, his executors and ad¬ 
ministrators, the sum of five thousand dollars, at the com¬ 
mencement of the said work; and the further sum of five 
thousand dollars, as soon after as work to that amount shall 
be done by the said Ariel Cooley; and so on, in succeeding 
payments of five thousand dollars, as the work progresses, 
until the whole is finished; the said mayor, aldermen, and 
citizens of Philadelphia always keeping in advance to the 
said Ariel Cooley the sum of five thousand dollars. And the 
said Ariel Cooley further agrees, in order to secure, for the 
space of five years from the time aforesaid, the true and 
faithful performance of all and singular the covenants herein 
contained, there shall remain with the mayor, aldermen, and 

>T 


50 






> ST" 


/5 


* 

V' 




V.' p * ' -r^M. 

citizens of Philadelphia twenty thousand dollars of the money 
which he would be entitled to receive under this agreement, 
and which shall not be demanded or taken from the said 
mayor, aldermen, and citizens of Philadelphia, by the said 
Ariel Cooley, his executors, administrators, or assigns, until 
the expiration of the said time, and the fulfilment, on his 
part, of all the covenants and agreements to be by him done 
and performed : it being understood and agreed, that the said 
Ariel Cooley shall and may receive the interest on the said 
twenty thousand dollars, so to remain as security, when it 
shall fall due, until there shall be a failure in the fulfilment 
on his part of the said agreement, when the said interest shall 
cease to be received by him. And the said mayor, aldermen, 
and citizens of Philadelphia, hereby further agree, that the 
said sum of twenty thousand dollars shall be delivered up to 
the said Ariel Cooley, on his substituting, to the satisfaction 
of the mayor, aldermen, and citizens of Philadelphia, secu¬ 
rity of equal amount and value in its place; and the said 
Ariel Cooley, further to secure the performance of this agree¬ 
ment, hereby covenants forthwith to execute a mortgage to 
the mayor, aldermen, and citizens of Philadelphia, on certain 
lands in the township of Springfield and county of Hampden, 
in the state of Massachusetts, containing about fifteen hun¬ 
dred acres: which mortgage is to be defeasible at the end of 
five years from the time aforesaid, on the true performance 
by him of all the covenants and agreements herein contained. 
IN WITNESS WHEREOF, the said Ariel Cooley hath 
hereunto set his hand and seal; and Joseph S. Lewis and 
Joseph Watson, (a committee therefor appointed by the 
Watering Committee) for the mayor, aldermen, and citizens 
of Philadelphia, have hereunto affixed their hands and seals, 
the day and year first above written. 


0 £ 

/ 


ARIEL COOLEY, 
JOSEPH S. LEWIS, 
JOSEPH WATSON. 



































